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Appealing a court decision in Kenya: deadlines that matter
Missing an appeal deadline can end your case. A guide to the key time limits.
By Wakili Link Editorial
An appeal is a fresh chance to challenge a decision — but only if you file on time.
From the magistrates’ court to the High Court
In civil matters, an appeal must be filed within 30 days of the decree or order (section 79G of the Civil Procedure Act), excluding time taken to obtain proceedings. In criminal matters, the period is 14 days under the Criminal Procedure Code.
From the High Court to the Court of Appeal
- File a notice of appeal within 14 days of the decision.
- Request typed proceedings promptly.
- File the record of appeal within the time set by the Court of Appeal Rules.
To the Supreme Court
Appeals lie as of right in constitutional interpretation matters, or with certification that a matter of general public importance is involved.
Extending time
Courts can extend time for good reason, but you must explain the delay convincingly and apply promptly. Do not rely on it.
Stay of execution
Filing an appeal does not automatically stop the winning party from executing. Apply for a stay, which may require security.
This article is general information, not legal advice on your situation.
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